ANGELA QUINTAL, Cape Town | Thursday
DELAYS in the tabling of draft legislation to allow MPs, MPLs and councillors to cross the floor without losing their seats received a mixed reaction on Wednesday from at least two parties who are directly affected by the proposed measure.
The Democratic Alliance said the impression created was that the African National Congress was increasingly treating the legislation pertaining to the so-called ”crossing of the floor” as a political instrument.
”We are ready to enter into a debate to put a system in place that will not be dependent on the whims of or allow for any abuse by the majority party for the sake of political gain.
”We would work towards a system that is even-handed and stabilises democracy,” DA representative Tertius Delport said.
The proposed legislation includes changes to the Constitution and section 27 of the Municipal Structures Amendment Act, and results from last year’s co-operation pact between the ANC and the New National Party.
The ANC’s willingness to lift the anti-defection clause was the NNP’s trump card when it decided to withdraw from the DA in favour of a new deal with the ANC.
The NNP needs the legislation to woo DA councillors back into its fold.
Before the fallout between the two parties, the DA earlier in the year petitioned Deputy President Jacob Zuma, without success, for the lifting of the anti-defection clause.
The DA has since reserved its rights to challenge the proposed legislation in court, with the United Democratic Movement echoing similar concerns about the constitutionality of the changes.
In its reaction, the NNP said it was important that political parties were consulted about the bills.
”It is the first major constitutional change since 1996 and it will impact on the representation of political parties,” representative Francois Beukman said.
”It is better to play safe and to ensure that cognisance is taken of everyone’s views.”
The Inkatha Freedom Party which serves on President Thabo Mbeki’s Cabinet repeated its opposition to lifting the anti-defection clause.
IFP Chief Whip Koos van der Merwe said his party’s national council had adopted a resolution to oppose the changes in a principled manner.
”The person who is elected is elected on a party list and has no right to defy the party.”
Van der Merwe ascribed the delays to ”general unpreparedness”.
”The government has had little time to research this issue. It is nature to take more time,” he said.
A senior ANC member told Sapa the ruling party was committed and that the legislation be approved in line ”as part of our commitment to the NNP”.
”It is in our own self-interest.”
The ANC member ascribed the delay to the fact that the party itself wanted to look at the bill, before it was tabled.
Earlier, government representative Joel Netshitenzhe said the proposed legislation had not been discussed at Wednesday’s Cabinet meeting, because it was felt that political parties needed to be consulted.
Netshitenzhe said it was normal procedure to consult the stakeholders affected by proposed legislation, as would be the case, for example, if labour legislation was being drafted, and trade unions and employer organisations would as a matter of course be consulted.
All the parties represented in Parliament would be consulted, although it was not yet clear what form this would take, he said.
Depending on whether amendments were proposed during these consultations, the draft legislation would be before Cabinet at the earliest on February 20.
In his reaction, Justice Ministry representative Paul Setsetse said he stood by earlier comments that the bills would pass constitutional scrutiny.
”There is absolutely no problem. It is just a matter of courtesy that the political parties are consulted before we put it before Cabinet.” – Sapa